Bringing Stepchildren or Adopted Children on a Dependent Child Visa — What You Need to Know

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When it comes to family migration, many families wonder whether their stepchildren or adopted children are eligible to come to Australia on a Dependent Child Visa (Subclass 445).

When it comes to family migration, many families wonder whether their stepchildren or adopted children are eligible to come to Australia on a Dependent Child Visa (Subclass 445). Australian immigration law allows for the inclusion of stepchildren and adopted children in family visa applications — but strict eligibility criteria apply.

In this article, we’ll explain everything you need to know about bringing your stepchild or adopted child to Australia on a Dependent Child Visa, including eligibility requirements, visa conditions, and practical considerations.

What is the Dependent Child Visa (Subclass 445)?

The Dependent Child Visa (Subclass 445) is a temporary visa that allows a dependent child of a provisional partner visa holder (Subclass 309 or 820) to enter and stay in Australia while the parent’s permanent partner visa is being processed.

This visa is commonly used to reunite families before the permanent visa decision is made.

Can Stepchildren Apply for a Dependent Child Visa?

✅ Yes — Stepchildren May Be Eligible

A stepchild can apply for a Dependent Child Visa (Subclass 445) if certain conditions are met:

  • The sponsoring step-parent must hold a provisional partner visa (Subclass 309 or 820).

  • The child must be considered a dependent of the provisional visa holder or their partner.

  • The biological parent of the child (who is not the visa holder) must have given written consent or there must be legal permission for the child to migrate.

  • The child must meet age, health, and character requirements.

Important Note:
Immigration authorities will assess whether the stepchild has a genuine dependent relationship with the step-parent. The visa is not automatically granted based on a step-relationship alone.

Can Adopted Children Apply for a Dependent Child Visa?

✅ Yes — Adopted Children May Be Eligible

An adopted child can also apply for a Dependent Child Visa, but the adoption must meet Australian legal standards.

To be eligible:

  • The child must be legally adopted by the sponsoring parent or their partner.

  • The adoption must be recognised under Australian law or the laws of a country that is a party to The Hague Adoption Convention.

  • The child must be dependent on the sponsoring parent.

  • The child must meet health and character requirements.

  • If the child was adopted after the sponsor became an Australian citizen or permanent resident, they may need to apply for a Child Visa (Subclass 101 or 802) instead.

Special Consideration:

  • Adoptions that do not comply with international adoption conventions may be subject to additional scrutiny.

Who is Considered a “Dependent” Child?

For a stepchild or adopted child to qualify for the Dependent Child Visa (Subclass 445), they must meet one of the following criteria:

  • Under 18 years of age

  • 18–25 years old and financially dependent on the parent while studying full-time

  • Over 18 years old with a disability that prevents them from working

The child must also be single — not married, engaged, or in a de facto relationship.

What Happens After the Dependent Child Visa is Granted?

Once the Dependent Child Visa (Subclass 445) is approved:

  • The child can enter and live in Australia.

  • They can study and travel in and out of Australia.

  • The child must be added to the parent’s pending permanent partner visa application for permanent residency consideration.

Failing to add the child to the parent’s permanent partner visa application can jeopardise the child’s pathway to permanent residency in Australia.

Legal Consent and Custody Considerations

Australian immigration law requires:

  • Written consent from the other biological parent or guardian, or

  • Court orders permitting the child to migrate, if applicable.

This ensures that the child’s relocation to Australia is lawful and in their best interests.

Common Mistakes to Avoid

❌ Assuming a stepchild automatically qualifies without legal dependency evidence
❌ Failing to obtain written parental consent or court permission
❌ Not linking the child to the parent’s permanent partner visa application after the 445 visa is granted
❌ Overlooking the need for legal recognition of adoption in Australia

Why Work with a Registered Migration Agent in Darwin?

Bringing a stepchild or adopted child to Australia can be a sensitive and complex process. A registered migration agent in Darwin can assist you with:

  • Assessing your family’s eligibility

  • Preparing documentation, including custody or adoption evidence

  • Ensuring compliance with visa conditions

  • Linking your child to your permanent partner visa application

 

Conclusion

Yes, it is possible to bring your stepchild or adopted child to Australia on a Dependent Child Visa (Subclass 445) — but strict eligibility rules apply. From legal consent and custody matters to dependency requirements, understanding the process is crucial for a successful visa application.

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